Planning Application In Greater London

What are Local Development Documents?

Tony Clayton — Fri, 23 Jul 2010 17:15:59 +0000

Development Plan Documents (DPDs or Local Development Documents), are a portfolio of documents maintained in London by each Council. They are subject to rigorous procedures of community involvement, consultation and independent examination. Once adopted, Development Control decisions must be made in accordance with the DPDs unless material considerations indicate otherwise.

DPDs came with the Local Development Framework system, which replaced the Old Plans with the new portfolio of documents.

England is made up of Counties, and within each County, Districts. These are the Districts: 36 metropolitan boroughs, 32 London boroughs, 201 non-metropolitan districts, 55 unitary authorities, City of London and the Isles of Scilly.

The Old Plans were at a County level (Structure Plans) and at a District level (Local Plans, and Unitary Development Plans for Unitary authorities).

The current Local Development Framework is the spatial planning strategy introduced in England and Wales by the Planning and Compulsory Purchase Act 2004 and given detail in Planning Policy Statements 12. Maintaining the framework is the responsibility of English District Councils (London Boroughs in London).

This is so that the portfolio of documents (DPDs) can be tailored to suit the different needs of a particular area and can be easily updated.

WHO IS THE PLANNING INSPECTORATE?…

Who is the Planning Inspectorate?

Tony Clayton — Fri, 23 Jul 2010 16:11:44 +0000

The Planning Inspectorate carries out appeals and similar casework under planning and environmental legislation in England and Wales.

Basically, they will check whether a planning refusal was justified or not. From their web site

‘Our main work is the processing of planning and enforcement appeals and holding examinations into development plan documents.’

The role of the Planning Inspectorate is to re-assess borderline cases where there was a fairly balanced opinion within the council committee, but where the overall decision was to refuse planning.

However, many people appeal to buy more time, and they have no argument whatsoever to support their development. It can take up to 6 months for an appeal to be determined. In such cases it is usually the applicants last hope.

The worst scenario appeal happens where an unlawful development has already taken place, a planning application to retain the development has been refused, and now the owners have no other option but to appeal, which they will most likely lose. However, it gives them another 6 months!

One such case, while defending their canopy in Harrow, cited the only thing they could – human rights protocols – ‘I have a right to the peaceful enjoyment of my possessions, which includes my house’

Well, what about everybody else?

HARROW PLANNING – ENFORCEMENT ACTION AGAINST CANOPY…

Harrow Planning – Enforcement Action Against Canopy

Tony Clayton — Thu, 22 Jul 2010 19:07:21 +0000

Harrow Planning will step in and serve an Enforcement Notice for a temporary canopy.

The property owners in a previous article ‘extended’ their house by 7.1m with a timber framed canopy roof with timber supports.

They made an appeal and the Planning Inspectorate came on board. However, they are still required to

-Demolish the Unauthorized Development

-Remove all resultant materials from the land.

The whole enforcement action came out of a complaint from a neighbour. The owner was advised either to apply for retrospective planning permission or demolish the unauthorized canopy.

It is possible to apply for planning permission retrospectively, but the Council will cite ‘generally acceptable’ rules of thumb when determining the application, such as a 3m maximum rear extension.

Any such development – even if it is an open canopy and a temporary structure – still falls under development control and needs planning approval.

READ PREVIOUS ARTICLE HERE…

What Is Planning Permission?

Tony Clayton — Mon, 19 Jul 2010 14:50:26 +0000

If your proposals involve House Extension, external house alterations, house conversion to flats you will require planning permission. Planning Applications are decided by a local planning committee. Planning guidelines for proposals can differ between councils. Planning applications can take 8-10 weeks to get processed whether the proposals are small or large in scale.

What are Permitted development rights?
Not all projects require planning permission, if you have never had extensions on your property before, don’t live in a listed building or in a conservation area and fitting other criteria you may qualify for a Lawful Development Certificate.

Planning Application – What Are The Basics?

Tony Clayton — Mon, 19 Jul 2010 12:03:36 +0000

Making a planning application can be confusing. However, there are a few basics which can help you start in the right decision.

The following article shows you how to start if you are planning Property improvements, and you have house extension ideas but you need to know if you need planning approval before you start.

READ THE ARTICLE…

Town And Country Planning Act – House Extensions

Tony Clayton — Thu, 11 Sep 2008 11:42:49 +0000

If you are thinking of doing a house extension, then the process is fairly simple. There is some legal jargon involved, and one is the Town And Country Planning Act. The current Act in force is the 1990 version.

Basically this document explains that every significant change to your house needs to be approved by the local authority (the Council) before you can commence any work.

How does one get approval? Well you need to show to the Council what you are proposing by way of drawings.

The Town And Country Planning Act 1990 effects control over volume of development, appearance and layout of buildings.

PROCEDURE:

The first question to ask: Is it Permitted development?

Permitted development allows a certain amount of changes to be made to a house without needing planning permission.

The Council looks at the state of the house in 1948, or if not so old, they look at it when it was built.

Then provided what you propose does not exceed 50 cubic metres or 25% for semi-detached property, it is PERMITTED DEVELOPMENT.

You are allowed the greater of the two

1. 50 cubic metres or

2. 25% of the volume of the existing house at 1948 (semi detatched) – Terraced houses have this 25% reduced to 15%

If It Is Not Permitted Development, There are now a few possiblilites.

1. Outline Planning Application

2. Detailed Planning Application.

Generally, it is best to go for option 2, as it is quicker, and you can go into the Council beforehand if you need “Outline” guidance.

Once you make a detailed planning application you have to decide

1. Householder Planning Application

2. Full planning application

The Full planning application is for larger or combined changes, for example if there is a shop below flats which also needs changes done to it.

So, generally, with House Extensions, you will go with option 1 – Householder Planning Application.

You also have to note your area:

Do you need:

1. Conservation Area Consent

2. Listed Building Consent

3. Neither

This is decided for you, depending on where you live.

Most Applications will not need listed building consent.

If you are in a conservation area, you will need to submit a Design and Access Statement, in addition to your householder application.

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